Report Title:
Uninsured Motorists; Limited Tort Recovery
Description:
Deems an uninsured motorist to have waived the right to recover from an insured motorist damages for property damage, up to the minimum insurance coverages amount, compensable economic loss, and noneconomic loss. Requires a court to reduce an award that includes the precluded damages.
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THE SENATE |
S.B. NO. |
5 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to address the uninsured motorist problem by limiting the tort recovery of uninsured motorists from insured motorists.
SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10C to be appropriately designated and to read as follows:
"§431:10C- Recovery by uninsured motorists; limitations. (a) Notwithstanding any other law to the contrary, an owner or operator of a motor vehicle that is required to be registered in this State, that lacks the minimum insurance coverages required by section 431:10C-104, and that is involved in an accident with a motor vehicle, motorcycle, or motor scooter with the minimum insurance coverages, shall be deemed to have waived the right to recover from the owner or operator of the insured motor vehicle, motorcycle, or motor scooter, damages for:
(1) Property damage, up to the minimum coverages amount required under this chapter;
(2) Compensable economic loss; and
(3) Noneconomic loss.
In the event of an award or judgment in favor of an owner or operator of an uninsured motor vehicle, the court shall deduct that portion of the award or judgment representing the damages precluded under this subsection. In the event of a jury trial, there shall be no disclosure, either directly or indirectly, of the court's duty to make the deduction.
(b) For the purposes of this section, unless the context requires otherwise:
(1) "Compensable economic loss" means objectively verifiable monetary losses paid or payable by any private insurance policy or plan including but not limited to medical expenses and loss of earnings. The owner or operator of an uninsured motor vehicle shall declare under oath, as part of any claim for damages, all sources of compensation or economic loss that may be available; and
(2) "Noneconomic loss" means subjective, noneconomic losses including but not limited to pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation.
(c) Nothing in this section shall preclude:
(1) An owner or operator of an uninsured motor vehicle from recovering in tort for injuries sustained as a pedestrian, bicyclist, or moped operator; or
(2) An individual injured while occupying an uninsured motor vehicle from bringing an action directly against the owner of the uninsured motor vehicle."
SECTION 3. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10G to be appropriately designated and to read as follows:
"§431:10G- Recovery by uninsured motorist; limitations. (a) Notwithstanding any other law to the contrary, an owner or operator of a motorcycle or motor scooter that is required to be registered in this State, that lacks the minimum insurance coverages required by section 431:10G-102, and that is involved in an accident with a motor vehicle, motorcycle, or motor scooter with the minimum insurance coverages, shall be deemed to have waived the right to recover from the owner or operator of the insured motor vehicle, motorcycle, or motor scooter, damages for:
(1) Property damage, up to the minimum coverages amount required under this chapter;
(2) Compensable economic loss; and
(3) Noneconomic loss.
In the event of an award or judgment in favor of an owner or operator of an uninsured motorcycle or motor scooter, the court shall deduct that portion of the award or judgment representing the damages precluded under this subsection. In the event of a jury trial, there shall be no disclosure, either directly or indirectly, of the court's duty to make the deduction.
(b) For the purposes of this section, unless the context requires otherwise:
(1) "Compensable economic loss" means objectively verifiable monetary losses paid or payable by any private insurance policy or plan including but not limited to medical expenses and loss of earnings. The owner or operator of an uninsured motor vehicle shall declare under oath, as part of any claim for damages, all sources of compensation or economic loss that may be available; and
(2) "Noneconomic loss" means subjective, noneconomic losses including but not limited to pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation.
(c) Nothing in this section shall preclude:
(1) An owner or operator of an uninsured motorcycle or motor scooter from recovering in tort for injuries sustained as a pedestrian, bicyclist, or moped operator; or
(2) An individual injured while occupying an uninsured motorcycle or motor scooter from bringing an action directly against the owner of the uninsured motorcycle or motor scooter."
SECTION 4. The provisions of this Act do not affect rights, duties, or actions that are based upon events or acts that have taken place prior to the effective date of any provision of this Act, or to penalties that were incurred or proceedings begun before the effective date of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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